DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JSR
Docket No: NR5184-14
19 June 2014
Dear Sergeant 4a
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the
United States Code, section 1552.
You requested completely removing the fitness reports for 1 July
to 12 December 2008, 13 December 2008 to 19 May 2009, 15
December 2011 to 31 March 2012 and 1 June 2012 to 31 March 2013.
It is noted that the Commandant of the Marine Corps (CMC) has
directed modifying the contested report for 1 July to 12
December 2008 by changing the date in section A, item 3.b
(beginning date) from *20080701" to “20081002” {and filing in
your record an administrative filler for 1 July to 1 October
2008} and modifying the report for 13 December 2008 to 19 May
2009 by removing, from section I (reporting senior’s “Directed
ana Additional Comments”), all but the first sentence and in
section K (reviewing officer’s marks and comments) changing the
entry in section K.1 (“Observation”) from “Sufficient” to
“Insufficient” and removing the entries in sections K.2
(“Evaluation Concur/Do Not Concur”), K.3 (“Comparative
Assessment") and K.4 (comments).
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 June 2014. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies. In addition, the Board considered the
report of the Headquarters Marine Corps Performance Evaluation
Review Board (PERB), dated 17 April 2014, as amended by the HOQMC
e-mail dated 19 May 2014 with attachment, copies of which are
attached.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. In this connection, the Board substantially
concurred with the comments contained in the report of the PERB
as amended. Accordingly, your application for relief beyond
that effected by CMC has been denied. The names and votes of
the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken. You are entitled to have
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard, it is important to keep in mind that
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice. ,
Sincerely,
ES oo
ROBERT D. Z2SALMAN
Acting Executive Director
‘Enclosure
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